2025:JHHC:19466 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 3511 of 2025 ---------- 1. Tarit Chatterjee, son of Amulya Ratan Chatterjee, resident of Kharkharee, Nawagarh Basti, P.O. Kharkharee, P.S. Madhuban, District Dhanbad, Jharkhand. 2. Ram Sarup Prajapati, son of Shivam Prajapati, resident of Makhar, P.O. Lohanipur, P.S. Nawada, District Nawada, Bihar. ………. Petitioners Versus 1. M/s. Bharat Coking Coal Limited through its Chairman-cum- Managing Director, Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 2. Chief Manager (P) MP & R, M/s. Bharat Coking Coal Limited, Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 3. The General Manager (PF/Pension), M/s. Bharat Coking Coal Limited, Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 4. The General Manager, M/s. Bharat Coking Coal Limited, Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 5. The Area Manager (Personnel), Govindpur Area-III, M/s. Bharat Coking Coal Limited, P.O. and P.S. Govindpur, District Dhanbad. 6. Coal Mines Provident Fund through its Regional Director, Regional Office-D-II, Hirapur, P.O. and P.S. Hirapur, District Dhanbad. ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner s : Mr. Akshay Kr. Mahto, Advocate For the BCCL : M/s. Anoop Kr. Mehta, Amit Kr. Sinha, Manish Kumar, Pratyush, Advocates For the CMPFO : Mr. Prashant Kr. Singh, Advocate Mr. Karbir, Advocate ---------- 02/ 16.07.2025 The petitioners have prayed for direction upon the respondents to fix and release their pension as per Coal Mines Pension Scheme since petitioners have retired from the services of respondent-BCCL but their pension has not been fixed on the ground that they have not completed 10 years of regular service. Further prayer has been made for direction upon the respondents to pay arrears of pension with 10% interest because for the reasons best known to the respondents they have denied the proper pension in favour of the 2025:JHHC:19466 2 petitioners. 2. Learned counsel for the petitioners submits that issue involved in this writ application is squarely covered by L.P.A. No. 362 of 2024 (M/s. Bharat Coking Coal Ltd. Vs. Kailash Chandra Mukherjee & Ors.), whereby the employee was directed to deposit his contribution towards pension for qualifying period and refund the amount which has already been received by him. Accordingly, the same direction may be given in the case of petitioners also. 3. Learned counsel for the respondent-BCCL supports the aforesaid contention so far as the issue involved is same and similar to L.P.A. No. 362 of 2024. 4. Having heard the fair submissions of learned counsel for the parties, the instant writ application is hereby disposed of by directing the petitioners to deposit their contribution towards pension for qualifying period along with amount paid to them under para 10(4) of the CMPS 1998 with the respondents within a period of 8 weeks from the date of passing of this order and on receipt of the same, the respondents shall forward it along with their contribution to CMPFO. Thereafter, the CMPFO shall fix and pay pension along with the arrears to the petitioners within a further period of 6 weeks. 5. Accordingly, the instant writ application stands disposed of. (Deepak Roshan, J.) kunal/-